Get free answers to your Family Law legal questions from lawyers in your area.
answered on Feb 15, 2021
I always advise my clients to adhere to the court order as closely as possible to avoid punishment due to court order violations. Additionally, I always encourage my clients to communicate openly with the other party and to discuss matters such as these amicably, before resorting to court... View More 
Hello, my dad has withheld all food other than peanut butter and oatmeal for over 2 weeks now. He also previously took off the shower knobs and turned off the water. Today he came into my room while I was at work and took over $3,000 worth of my belongings. Is he allowed to do all of these things... View More
answered on Jan 25, 2021
It would depend if the child is a minor, or if they are of legal age and therefore no longer the father’s responsibility, legally speaking. If the child is a minor, then the father is legally responsible for creating a safe environment for his children, this includes providing basic essentials... View More
He has been gone for 7 months without contact or providing support. I have them, want to keep them. But what route do I go in order to do so? Can I file for guardianship while they're in my home? Or do I need to call cps and have them go into the system first in order for it to be on Record... View More
answered on Jan 25, 2021
You may petition the court for guardianship, however you will have the burden of proving that being the guardian for the children, over their biological father, is in the children’s best interest. In doing so, it would serve your case to include evidence of his abandonment.
The child is 7 years old. I am listed as the father on the birth certificate. We are divorced. During the divorce she was given full custody as the dna test came back, I was not the paternal father. She died out of the country and I am trying to get the child back to the U.S. The actual paternal... View More
answered on Jan 25, 2021
If the mother had full custody of the child prior to her death, the child will likely be taken into state custody until arrangements have been made for a family member or guardian to care for the child. If not predetermined by the mother’s will, that process may include a hearing to determine... View More
The boys, with few exceptions, every weekend, holiday's and vacations. My question is what needs to be done so I can get custody of them should or when my ex can't? Do I have grandparent rights ?
answered on Jan 18, 2021
If you have had a long standing visitation arrangement as well as a positive relationship with your grandchildren, and have evidence that it is in the child’s best interest that they remain in your care, then you may have a case to motion for joint custody. The right to child custody is only... View More
If my kid's father, myself and my two kids are staying in a hotel at a casino. If I went down to the casino and got arrested for drugs. Would they go up to our room and take our kids if the other parent had no involvement or knowledge that the other one was even using drugs?
answered on Jan 8, 2021
Generally speaking, if one parent is arrested, then the other parent would generally take on temporary primary or sole custody until the other parent is released or a custody modification is issued. If both parents are arrested, the children will be taken into state custody until released to a... View More
my mother in a temporary custody battle made it very hard for me and my girlfriend to cooperate together and see our daughter together she complicated it should we present that in court when we're just trying to get our custody as good parents or would that make it more of a damage battle... View More
answered on Jan 8, 2021
Unfortunately without all the information and further details regarding this case, I cannot provide strategic legal advice. This question is best addressed to the attorney representing your case.
We have split weeks in which my daughter is with me and when she is with him but I do not approve Of her leaving the state without either one of us with her. Is there anything I can do to refrain her from going?
answered on Jan 8, 2021
Unless this matter is specifically mentioned in your custody agreement, then generally speaking the grandparents do not need additional permissions to take the child out of state. If they are traveling within the father’s designated visitation, then they only need the child’s father’s... View More
Most recently, the judge granted an ex-parte application , without sending me a copy of the application, and without me being heard. How can I object to these delays of Hearing?
answered on Dec 23, 2020
Unfortunately, due to the COVID-19 pandemic, it’s been fairly common for hearings to be postponed – sometimes even more than once. When a judge rules to postpone a case, it can be due to matters outside the party’s control, as in the case with COVID, or based on the judge’s determination.... View More
And no new custody order has been filed sense so as I understand those temporary custody orders have rained in effectSo now I have allowed the kids to go to visitation for part of the summer and I let them stay for an extended due to the Covid and now a lawsuit is being filed against me by child... View More
answered on Dec 2, 2020
It is best to respond to the child support lawsuit with a request that child custody also be reevaluated. If child support is awarded, it will be based on how the child custody is arranged. Both the child custody and child support cases should be held in the state where the children have resided... View More
I HAVE HAD HER FOR A YEAR AND HER PARENTS CAN NOT TAKE CARE OF HER. I MAINLY NEED T/O KNOW HOW TO GET THE BALL ROLLING. I HAVE A POA FOR HER FROM HER PARENTS AS WELL
answered on Dec 2, 2020
You may file a motion with the court to ask for guardianship. Nevada Family Law courts do prefer that both parents share custody of their children whenever possible, therefore the burden to prove this change in custody is in the child’s best interest will be on you as the grandparent. However,... View More
I work 40 hrs a week plus, i am going to school full time and my child was taken from my husband and i on july 2nd of this year due to dental decay, which has since been fixed. i need some help please my public defender is never in her office and i dont feel comfortable with my case worker i have... View More
answered on Dec 2, 2020
I'm sorry to hear you're in this difficult situation. Continuing to comply with the court ordered evaluations and screenings are definitely in your best interest and can only help your case. My suggestion is to look into Legal Aid Services in your area as they may be able to help out or... View More
grandparents filing a restraining order against me on no cause and wont allow me to see or be near my kid and have no custady rights when im the father and the miother is willing to let me be their and around my kid
answered on Nov 18, 2020
If you do not already have custody orders then you need to file a custody case and seek custody and/or visitation with your child.
If you already have custody orders then you can file to enforce them. You can also call the police for a civil stand by to help facilitate visitation.... View More
I allowed extrnded visitation due to covid and to avoid stress on kids. Husband doesnt allow constant contact now and a child support lawsuit had been filed against me. What do i do? Do i file here in nevada or there in california?
answered on Nov 18, 2020
Where to file depends a few factors.
- If you already have an open case then file where you have the open case.
- If you had a prior case that decided custody then you will either need to file in that state or file to domesticate/register your prior order in the new state. Once... View More
What form i need to fill out, to get custody of my daughter?
answered on Nov 2, 2020
Generally speaking in custody cases the court bases its decision on the best interest of the children. One of the factors when attempting to determine the best interest is preference of the child. If you file a motion with the court to change custody, include that your daughter wants to lives with... View More
My husband has decided that he will only pay for the house payment and all of the other money is his. I only make enough money to cover medical insurance. He has paid all of the other bills for 25 years. He has decided that all of the money is his and too bad for me. Should I file separation and... View More
answered on Nov 2, 2020
I am sorry for the way you are being treated. Only you can decide if you are ready to file for separation or divorce. You can request support with both a divorce or with a legal separation.
Also, once you file with the court you can also file for a request for Joint Preliminary Injunction.... View More
I receive unemployment and only get $331.00 a week and child support takes 50% of that so I make about $550.00 a month now. I've truly been struggling. How can I get some help? I've tried to keep in contact with my daughter for all these years with no success. The last time I seen her was... View More
answered on Oct 22, 2020
In order to modify child support payments, you must file a motion with the court demonstrating a 20% change in income since the current child support order was ordered. Otherwise, you may motion the court for a child custody modification which may impact the amount of child support ordered if a... View More
I received a move away order two years ago to move out of state with my daughter. Now that I am finishing my education I would like to move to a different state. My daughter is about to be 13 years old and would like to also voice her opinion in regards to visitation but I have not perused that... View More
answered on Oct 15, 2020
Congratulations on finishing your schooling. It is understandable that once school is done that you may want to relocate. Normally, you should consult with the other party to see if he will agree to the move.
If he does not agree to allow the move, depending on your order, you may need to... View More
I would like to adopt or step I'm just not sure how to do it. Me and the mother are not romantically involved but we are best friends any help you could give would be great
answered on Sep 9, 2020
Adoption would be possible only if the child’s biological father’s rights have already been terminated, or if he is willing to forfeit his parental rights. If the child’s biological father intends to keep his parental rights, then the court will not grant those rights onto additional parties.... View More
answered on Aug 25, 2020
This situation is a matter of legal custody. While the parents may have 50/50 physical custody and spend equal physical time with the child, when it comes to this type of decision making for the child, these are aspects of legal custody. If the parents have 50/50 legal custody, then any decision... View More
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